Republic of the Philippines

REGIONAL TRIAL COURT OF ILOILO

Sixth Judicial Region
Iloilo City

THE PEOPLE OF THE

PHILIPPINES Criminal Case No. ________

-versus- For :

KEVIN G. HIMATAY RAPE (Art. 266-A, par. 1(d),

Accused (at large) Revised Penal Code in rel. to
X=========================X R.A. 8353 and R.A. 7610)

INFORMATION
The undersigned City Prosecutor accuses KEVIN G. HIMATAY, whose
maternal surname; date and place of birth cannot be ascertained, of the crime of
RAPE (Art. 266-A, par. 1(d), Revised Penal Code in relation to R.A. 8353 and R.A.
7610), committed as follows:

That on or about the 5th day of the September 2003, in the City of Iloilo,
Philippines, and within the jurisdiction of this Court, said accused, with lewd design,
did then and there willfully, unlawfully and criminally have carnal knowledge of
Mariam Baker, a minor, 17 years of age, by means of force and against the latter’s
will, and when the said Mariam Baker was dizzy, weak and had lost control of her
person due to intoxication, thus depriving her of reason and will to resist, which act
debases, degrades, or demeans the intrinsic worth and dignity of said minor Mariam
Baker as a human being, and is prejudicial to her development.

CONTRARY TO LAW.
Iloilo City, Philippines, October 14, 2003.

EFRAIN V. BALCAGO
City Prosecutor

By:
VICTORINO O. MANIBA, JR.
Prosecutor I

I hereby certify that I have conducted an investigation in this case, the

complainant and/or witnesses having been examined by me under oath; that on the
basis of the sworn statement and other evidence submitted before me there is
probable cause to believe that the offense charged has been committed and that the
accused is probably guilty thereof; that the accused was informed of the complaint
and evidence against him and was given the opportunity to submit controverting
evidence.

VICTORINO O. MANIBA, JR.

SUBSCRIBED AND SWORN to before me this ___ day of October 2003, in

Iloilo City, Philippines.

WITNESSES:
Mariam Baker – Brgy. Umilig, Buenavista, Guimaras
Dr. Sandra Mabunay, Western Visayas Medical Ctr., Mandurriao, Iloilo City
And others.

NO BAIL
ADDRESS OF THE ACCUSED - Pavia, Iloilo